DOT REPORT #37 - June, 1997 ================================================================= A compilation of rail notices published by the US Department of Transportation between June 1 - 15, 1997. Includes abandonment, operation and control notices, FRA orders and related petitions. Condensed from original. ================================================================= CONTENTS: Petitions for Waiver of Compliance Environmental Impact Statement on the Mid-Harlem Third Track Project Between Mount Vernon West and Crestwood Stations, Westchester County, NY Wisconsin Central Ltd.; Acquisition Exemption; Tomahawk Railway, Limited Partnership Union Pacific Railroad Company--Trackage Rights Exemption--The Burlington Northern and Santa Fe Railway Company The Kansas City Southern Railway Company--Abandonment Exemption-- in Hempstead, Lafayette and Columbia Counties, AR Longhorn Railway Company et al.; Discontinuance Exemption; in Burnet County, TX The Kansas City Southern Railway Company--Abandonment Exemption-- in Webster, Bienville, Natchitoches and Winn Parishes, LA Paducah & Louisville Railway--Trackage Rights Exemption--CSX Transportation, Inc. Sammamish Transportation Company--Modified Rail Certificate ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Petitions for Waiver of Compliance In accordance with Part 211 of Title 49 Code of Federal Regulations (CFR), notice is hereby given that the Federal Railroad Administration (FRA) received requests for a waiver of compliance with certain requirements of its safety standards. The individual petitions are described below, including the party seeking relief, the regulatory provisions involved, the nature of the relief being requested, and the petitioner's arguments in favor of relief. Arkansas-Oklahoma Railroad Company [Waiver Petition Docket Number RSGM 96-10] The Arkansas-Oklahoma Railroad Company (AOK) seeks a permanent waiver of compliance from 49 CFR Part 223.13 (a) & (b), Requirements for existing cabooses, for its caboose, AOK-17001. Presently, automotive type safety glass has been used to replace the forward facing and side facing top windows. The lower windows meet FRA requirements. AOK-17001 will be used in captive service between McAllester, Oklahoma, and Howe, Oklahoma, a distance of 70 miles for special moves and training purposes. Present method of operation is by track warrant with a maximum allowable speed of 25 mph two to three times per week. AOK requests this waiver because of its inability to obtain replacement glazing due to unavailability. Kiski Junction Railroad [Waiver Petition Docket Number: RSGM-96-11] The Kiski Junction Railroad, a Class III shortline railroad located in Schenley, Pennsylvania, seeks a permanent waiver of compliance with the Safety Glazing Standards, 49 CFR Section 223.9(a), certified glazing, for its locomotive KJRR 7135 and caboose KJR 4. KJRR 7135 is a 660 horsepower locomotive built by ALCO Products in 1944, designated Model Number S-1, and is equipped with shatterproof safety glazing in all glazing locations. Caboose KJR 4 was built in 1958 and is equipped with ``Lexan'' in all forward, rearward and side locations. The locomotive and caboose's glazing is presently free of breaks or cracks and has a clear undistorted view of the track forward and rearward. The railroad's operation is entirely within yard limits and therefore complies with Sections 223.11(a) and 223.13(a). Michigan Southern Railroad Company, Incorporated [Waiver Petition Docket Number: RSGM-97-1] Michigan Southern Railroad Company, Incorporated, seeks a permanent waiver of compliance from certain sections of 49 CFR Part 223.11(a), Safety Glazing Standards, for three locomotives. The locomotives, LN16, SW-8 type, built 1952 and placed in service November 21, 1995; MS 78, an Alco S-2, built 1950 and placed in service on July 25, 1994; and 7804, an Alco RS-3, built 1952 and placed in service on November 14, 1996, have had no accidents, incidents or injuries to employees since being placed in service. Northern Central Railway, Incorporated [Waiver Petition Docket Number: RSGM-96-9] Northern Central Railway, Incorporated, (NCR) seeks a permanent waiver of compliance with the Safety Glazing Standards, 49 CFR Part 223.9(a), certified glazing, for its ALCO locomotive, RSD-5, #1689, built in 1955. NCR is a Class III shortline railroad located in New Freedom, Pennsylvania, which operates dinner train passenger excursions from New Freedom to Hyde Siding, approximately three miles south of York, Pennsylvania. Currently, the maximum track speed on the line is 15 mph, but most trains are operated at substantially slower speeds of 3 to 7 mph for approximately three days per week. NCR states that its primary purpose of operation is for dinner train passenger excursions and some potential freight service. No vandalism has been reported. Issued in Washington, D.C. on May 20, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Transit Administration Environmental Impact Statement on the Mid-Harlem Third Track Project Between Mount Vernon West and Crestwood Stations, Westchester County, NY ACTION: Notice of intent to prepare an Environmental Impact Statement. SUMMARY: The Federal Transit Administration (FTA) and Metro-North Commuter Railroad Company (Metro-North) intend to prepare an environmental impact statement (EIS), in accordance with the National Environmental Policy Act of 1969, as amended (NEPA), on a proposal by Metro-North to undertake transportation improvements to its Harlem Line between Mount Vernon West and Crestwood Stations (the ``Mid-Harlem Third Track Project'' or the ``Proposed Action''). Metro-North's Harlem Line, extending 76.6 miles from Grand Central Terminal in Manhattan north through the Bronx, Westchester, Putnam and Dutchess Counties, is the most densely traveled line in the Metro-North system. Metro-North is fast approaching capacity on the entire Harlem Line due to capacity constraints in the mid-Harlem section. The Mid- Harlem Third Track Project will allow Metro-North to maintain, improve and expand service for all Harlem Line customers, future users and the region well into the 21st Century. The Mid-Harlem Third Track Project includes Build Alternatives which entail the upgrade of an existing third track between Mount Vernon West and Fleetwood and the construction of a 2.5 mile third track between Fleetwood and Crestwood Stations. The Proposed Action includes a Build Alternative preferred by Metro-North which will be identified throughout the NEPA process as the ``Preferred Alternative.'' In addition to the Preferred Alternative, the EIS will evaluate the No-Build Alternative, three (3) Build Alternatives, and three (3) Operational Alternatives, as well as any other reasonable alternative(s) raised during the scoping process. SUPPLEMENTARY INFORMATION: Description of Study Areas and Project Need Metro-North's Harlem Line extends 76.6 miles from Grand Central Terminal in Manhattan north through the Bronx, Westchester, Putnam and Dutchess Counties. It is the most densely traveled line in the Metro- North system as it is primarily a two track railroad as distinguished from the three and four tracks on the Hudson and New Haven lines. The area where construction of the Build Alternatives would take place extends along the railroad right-of-way from Mount Vernon West to Crestwood Station, a distance of approximately 3.6 miles. Approximately 74,000 passengers were carried on the Harlem Line on an average weekday in 1996. Metro-North is fast approaching capacity on the entire Harlem Line as it is constrained by the four mile section of two tracks between Mount Vernon West and Crestwood. The high frequency of service that traverses this two track section, exacerbated by the limiting physical characteristics of the two track railroad, constrains Metro-North's ability to improve service for the entire Harlem Line. The Mid-Harlem Third Track will enable Metro-North to provide a greater degree of schedule flexibility by allowing the expansion of service for existing and future customers on the entire Harlem Line. Harlem Line ridership has increased an average of 2.6% annually (1984- 1996), and is projected to increase on average another 1.9% annually (1996-2020). Without the third track, only one or two additional trains can be added in either the morning or evening peak hours when 40% of all Harlem Line peak period customers travel. Elimination of this capacity constraint is a prerequisite for adding the additional trains needed to keep pace with demand. Alternatives The EIS will analyze reasonable alternatives that may achieve the Proposed Action's goals. In addition to Metro-North's preferred configuration of the Mid-Harlem Third Track (the ``Preferred Alternative''), seven (7) other Alternatives have been defined, and will be evaluated in the EIS: three (3) build Alternatives, three (3) Operational Alternatives and the No-Build Alternative. The Preferred Alternative involves the upgrade of an existing third track between Mount Vernon West and Fleetwood and construction of a new 2.5 mile third track from Fleetwood to Crestwood to the west of the existing mainline tracks. Two of the Build Alternatives involve construction on the east side of the right-of-way in the area of Bronxville Station. The third Build Alternative involves an alignment that includes the upgrade of the existing third track between Mount Vernon West and Fleetwood Stations, compresses to two tracks north of Fleetwood Station and expands again to three tracks south of Bronxville Station to Crestwood Station. Under all Build Alternatives, the portion of the third track located between Bronxville and Crestwood would be built between the existing tracks, with all construction on Metro-North property. The No-Build Alternative presents conditions with service provided with the existing track configuration. In addition to the Build and No-Build Alternatives, three Alternatives that consider modifications to Metro-North's operations without changing track configurations: reducing signal spacing and train speeds; installing communication-based signalling; and consolidating and/or eliminating service at certain stations to allow for additional service to other stations, will also be evaluated. All alternatives, including the No- Build Alternative, involve lengthening of trains as needed and as feasible. Issued on: May 28, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33358] Wisconsin Central Ltd.; Acquisition Exemption; Tomahawk Railway, Limited Partnership ACTION: Notice of exemption. SUMMARY: The Board exempts, under 49 U.S.C. 10502, from the prior approval requirements of 49 U.S.C. 10902, Wisconsin Central Ltd.'s (WCL) acquisition from Tomahawk Railway, Limited Partnership of 4.93 miles of rail line from milepost 133.49 at Somo Avenue in Tomahawk, WI, to milepost 138.42 at Bradley, WI, subject to the labor protection requirements of 49 U.S.C. 10902(d), including a 60-day notice requirement. DATES: This exemption will be effective 60 days after WCL certifies to the Board that it has posted notice at the workplace of the employees on the affected line and served notice of the transaction on the national offices of the labor unions representing employees on the affected line, setting forth the terms of employment and principles of employee selection to be used in making any changes contemplated by the transaction that will affect employees on the line or their positions. Decided: May 21, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33403] Union Pacific Railroad Company--Trackage Rights Exemption--The Burlington Northern and Santa Fe Railway Company The Burlington Northern and Santa Fe Railway Company has agreed to grant overhead trackage rights to Union Pacific Railroad Company over trackage extending generally in a northeast direction from milepost 59.06, near 10th Street and Avery Avenue, to milepost 56.92, a distance of 2.14 miles in Lincoln, Lancaster County, NE. The transaction is scheduled to be consummated on May 28, 1997. The purpose of the trackage rights is to facilitate efficient train operations and coordination of rail operations in the City of Lincoln, NE, in connection with the plan of the Lincoln-Lancaster County Railroad Transportation Safety District. Decided: May 27, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-103 (Sub-No. 11X)] The Kansas City Southern Railway Company--Abandonment Exemption-- in Hempstead, Lafayette and Columbia Counties, AR The Kansas City Southern Railway Company (KCS) has filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon a 42.78-mile line of railroad between milepost 4.00 at or near Hope, and milepost 46.78 at the Arkansas-Louisiana State Line, in Hempstead, Lafayette and Columbia Counties, AR. The line traverses United States Postal Service Zip Codes 71860 and 71861. KCS has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) There is no overhead traffic on the line; (3) No formal complaint filed by a user of rail service on the line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the line either is pending with the Surface Transportation Board (Board) or with any U.S. District Court or has been decided in favor of complainant within the 2-year period; and (4) The requirements at 49 CFR 1105.7 (environmental reports), 49 CFR 1105.8 (historic reports), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be effective on July 4, 1997, unless stayed pending reconsideration. Pursuant to the provisions of 49 CFR 1152.29(e)(2), KCS shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the line. If consummation has not been effected by KCS's filing of a notice of consummation by June 4, 1998, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Decided: May 28, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-501 (Sub-No. 1X)] Longhorn Railway Company et al.; Discontinuance Exemption; in Burnet County, TX On May 15, 1997, Longhorn Railway Company (Longhorn) filed with the Surface Transportation Board a petition under 49 U.S.C. 10502 for exemption from the provisions of 49 U.S.C. 10903 to discontinue service over approximately a .25-mile segment of the Burnet City track owned by the City of Austin, TX, extending between Polk Street and the end of the line at Washington Street in Burnet, which traverses through U.S. Postal Zip Code 78611. Longhorn has indicated that the only station to be affected by the proposed discontinuance of service is Burnet, TX. By issuance of this notice, the Board is instituting an exemption proceeding pursuant to 49 U.S.C. 10502(b). In a prior decision, Longhorn was specifically directed to address the exemption criteria of 49 U.S.C. 10502(b) if it filed a petition for discontinuance of service exemption. Because the instant petition fails to include a discussion of the exemption criteria, Longhorn is directed to submit a supplemental filing addressing the exemption criteria within 10 days of the service of this decision. Failure to do so will result in termination of this exemption proceeding. Assuming we receive the supplemental information, a final decision will be issued by September 2, 1997. Longhorn and the rail line owners, the City of Austin, TX, and Capital Metropolitan Transportation Authority, have filed the required environmental report necessary before the rail line may be discontinued and abandoned. Decided: May 30, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-103 (Sub-No. 12X)] The Kansas City Southern Railway Company--Abandonment Exemption-- in Webster, Bienville, Natchitoches and Winn Parishes, LA The Kansas City Southern Railway Company (KCS) has filed a notice of exemption under 49 CFR 1152 subpart F--Exempt Abandonments to abandon a 61.62-mile line of railroad between milepost 83.02 at or near Sibley, and milepost 144.64 at or near Carla, in Webster, Bienville, Natchitoches and Winn Parishes, LA. The line traverses United States Postal Service Zip Codes 71039, 71045, 71002, 71070 and 71410. KCS has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) there is no overhead traffic on the line; (3) no formal complaint filed by a user of rail service on the line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the line either is pending with the Surface Transportation Board (Board) or with any U.S. District Court or has been decided in favor of complainant within the 2-year period; and (4) the requirements at 49 CFR 1105.7 (environmental reports), 49 CFR 1105.8 (historic reports), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be effective on July 6, 1997, unless stayed pending reconsideration. Pursuant to the provisions of 49 CFR 1152.29(e)(2), KCS shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the line. If consummation has not been effected by KCS's filing of a notice of consummation by June 6, 1998, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Decided: June 2, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33405] Paducah & Louisville Railway--Trackage Rights Exemption--CSX Transportation, Inc. CSX Transportation, Inc. (CSXT) has agreed to grant overhead trackage rights to Paducah & Louisville Railway (P&L) between Madisonville, KY, at or near milepost OOH 275, and the Providence 1 Mine (Mine) located on CSXT's Morganfield Branch, at or near milepost MB 288.8, a distance of approximately 13.5 miles. The transaction is scheduled to be consummated on June 7, 1997. The purpose of the trackage rights is to allow P&L to handle movements of coal from the Mine to the generating facilities of Louisville Gas and Electric Company at Kosmosdale and Louisville, KY, and to handle empties via the reverse route. Decided: June 4, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33398] Sammamish Transportation Company--Modified Rail Certificate On May 13, 1997, Sammamish Transportation Company (STC), a non- profit corporation, filed a notice for a modified certificate of public convenience and necessity under 49 CFR 1150, Subpart C--Modified Certificate of Public Convenience and Necessity to operate an abandoned line of railroad of approximately 83.47 miles in length between milepost 646.0 near Caputa, SD, and milepost 562.53 near Kadoka, SD. The line is formerly a portion of the bankrupt Chicago, Milwaukee, St. Paul and Pacific Railroad Company (MILW). By Report served May 14, 1980, in Docket No. AB-7 (Sub-No. 88), Richard B. Ogilvie, Trustee of the Property of Chicago, Milwaukee, St. Paul and Pacific Railroad Company--Abandonment--in South Dakota, Iowa, and Nebraska, the Interstate Commerce Commission recommended that MILW's trustee be authorized to abandon 18 lines of trackage located in the states of South Dakota, Iowa, and Nebraska. Abandonment of these lines was authorized by the United States District Court for the Northern District of Illinois (Eastern Division), dated May 27, 1980, and June 9, 1980. The subject line was acquired by the State of South Dakota, through its Department of Transportation (State). Pursuant to an operating agreement dated April 22, 1997, between the State and STC, STC will provide freight service over the line for a period of 20 years (subject to cesssation of operations or termination of the agreement as provided in the agreement) if shippers timely ensure that the applicable rehabilitation costs will be recoverable. STC may also provide service over an additional state-owned railroad corridor into Rapid City, SD, where the connecting railroad would be the Dakota, Minnesota, and Eastern Railroad. This rail line qualifies for a modified certificate of public convenience and necessity. At present, no entity has committed to subsidize operations on the line. Commencement of rehabilitation or operations is contingent upon shippers meeting the following preconditions by entering into binding written commitments to: (1) provide funding for rehabilitation purposes equal to a sum no less than $3,500,000; (2) provide funding for rail, track, and other track material in an amount no less than $1,500,000 and for reimbursement of interest on such amount until paid; and (3) assure sufficient carloadings (or payments in lieu thereof) in an amount no less than 2,000 carloadings yearly, adequate to cover all costs associated with maintenance, operation and capitalization of the line. This notice must be served on the Association of American Railroads (Car Service Division) as agent for all railroads subscribing to the car-service and car-hire agreement: Association of American Railroads, 50 F St., NW, Washington, DC 20001; and on the American Short Line Railroad Association, 1120 G St., NW, Suite 520, Washington, DC 20005. Decided: June 3, 1997. ================================================================== Comments or questions about this compilation should be directed to Paul Moore at 71367.1057@Compuserve.com. ==================================================================